HB 599 (BR 2043) - P. Childers, S. Cave
AN ACT relating to mining reclamation.
Create a new section of KRS Chapter 350 to require the Natural Resources and Environmental Protection Cabinet to terminate any violation resulting from a reclamation liability on land outside a permitted area to which the coal operator has been denied access by a landowner; allow a penalty to be imposed and the violation to remain in the operator's file; and allow a person to seek remedy for damages caused to property by surface coal mining and reclamation operations.
HB 599 - AMENDMENTS
HCS (1) - Retain original provisions of bill; insert new language to require that the cabinet advise the landowner of his or her rights; and prohibit cabinet from terminating any notice of noncompliance or cessation order if the denial of access to private property was procured through collusion between the operator and landowner.
HCS (2) - Delete original provisions; create an easement of necessity for permittees or operators to abate a violation of imminent danger or significant imminent environmental harm; for other violations, require the cabinet to notify the landowner of the consequences of refusing to allow access to property by certified mail; specify what the consequences may be; define "collusion"; prohibit the termination of noncompliance or cessation orders where there is common ownership or control between the permittee or operator and the landowner or legal occupant; and authorize the cabinet to direct abatement measures necessary on land for which access has not been denied.
HFA (1, P. Childers) - Amend HB 599 to create an easement of necessity for permittees or operators to abate a violation of imminent danger or significant imminent environmental harm; for other violations, require the cabinet to notify the landowner of the consequences of refusing to allow access to property by certified mail; specify what the consequences may be; define "collusion"; prohibit the termination of noncompliance or cessation orders where there is common ownership or control between the permittee or operator and the landowner or legal occupant; and authorize the cabinet to direct abatement measures necessary on land for which access has not been denied.
Feb 7-introduced in House
Feb 8-to Natural Resources and Environment (H); posted in committee
Feb 23-reported favorably, 1st reading, to Calendar with Committee Substitute
Feb 24-2nd reading, to Rules
Feb 29-recommitted to Appropriations and Revenue (H)
Mar 1-posting waived
Mar 3-reported favorably, to Rules with original Committee Substitute and Committee Substitute (2) ; floor amendment (1) filed to Committee Substitute
Mar 6-posted for passage in the Regular Orders of the Day for Tuesday, March 7, 2000
Mar 7-3rd reading, passed 95-1 with Committee Substitute (2), and floor amendment (1)
Mar 8-received in Senate
Mar 10-to Agriculture and Natural Resources (S)
Mar 16-reported favorably, 1st reading, to Consent Calendar
Mar 17-2nd reading, to Rules
Mar 22-posted for passage in the Consent Orders of the Day for Thursday, March 23, 2000
Mar 23-3rd reading, passed 36-2
Mar 24-received in House; enrolled, signed by each presiding officer, delivered to Governor
Mar 31-signed by Governor (Acts ch. 267)
